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(영문) 청주지방법원 제천지원 2018.04.26 2018고단51
권리행사방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2013, the Defendant entered into a loan agreement on the condition that loans of KRW 14,800,000, annual interest rate of KRW 18.9%, and KRW 541,761 per month be paid in equal installments for 26 months between the victim's effective capital capital company and the victim's effective capital capital company, and set up a collateral security right of KRW 14,80,000,00 as collateral for the above loans owned by the Defendant as collateral for the above loans on the same day.

Since then, around November 2013, the Defendant borrowed KRW 4.5 million from a mutual infinite loan company in common use at the time of the Gyeong-si, North America, and provided the coo car as security to the above coo car so that the location of the coo car can not be known.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the right to collateral security of the victim company, and obstructed the exercise of the rights of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application for loan of effective capital and industry, the register of automobile registration, notification of transfer and takeover of bonds, application of Acts and subordinate statutes on transfer of bonds, and application of contract for transfer of bonds;

1. Relevant provisions of the Criminal Act, Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of punishment for the crime (the following extenuating circumstances among the reasons for sentencing shall be considered):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year) (the period from six months to one year) of the following types:

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

Unfavorable circumstances: The Defendant committed the instant crime.

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